Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2004 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under paragraph 107 (1) (f) of the Radiocommunications Act 1992.
Dated 22 September 2004
R HORTON Chair
G.W LUTHER Member
Australian Communications Authority
1 Name of Determination
This Determination is the Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2004 (No. 1).
2 Commencement
This Determination commences on the date of its notification in the Gazette.
3 Amendment of Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997
Schedule 1 amends the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997.
Schedule 1 Amendments
(section 3)
[1] Subsection 3 (1), after definition of licensee
insert
Melbourne Area means the geographic area in Victoria including all places located not more than 250 kilometres from the Melbourne General Post Office, at the corner of Bourke and Elizabeth Streets, Melbourne, Victoria 3000, being latitude 37 48 53 south, longitude 144 57 42 east.
Note The Melbourne Area may also be referenced by means of the Australian Map Grid coordinates according to which the Melbourne General Post Office is located at the Australian Map Grid coordinates of Zone 55, Easting 320605, Northing 5812740.
[2] Schedule 2, Part 2, table, except the notes
substitute
Item | Area of operation | Excluded frequency range |
1 | New South Wales, the Australian Capital Territory and the Jervis Bay Territory | (a) 421.83125–421.99375 MHz; and (b) 425.25625–425.59375 MHz; and (c) 428.83125–428.99375 MHz |
2 | Melbourne Area | (a) 420–420.75 MHz; and (b) 421.25–424.75 MHz; and (c) 425.25–430 MHz |
3 | Perth Area | 420 MHz–430 MHz |
4 | Sydney Area | (a) 421.25–421.75 MHz; and (b) 428.25–428.75 MHz |
[3] Further amendments
Provision | omit | insert |
Subsection 3 (1), definition of Perth Area | east.. | east. |
Paragraph 13 (b) | Part 2 of Schedule 2 | an item in Part 2 of Schedule 2 |
Paragraph 18 (b) | Part 2 of Schedule 2 | an item in Part 2 of Schedule 2 |
Paragraph 31 (b) | Part 2 of Schedule 2 | an item in Part 2 of Schedule 2 |
Overview
The Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2004 (No. 1), enacted by the Australian Communications Authority, was introduced to amend the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997. This legislative instrument addresses specific geographical and frequency range adjustments to enhance the management and regulation of amateur radio communications within Australia. The Australian Communications Authority, acting under the authority granted by paragraph 107(1)(f) of the Radiocommunications Act 1992, aims to ensure that the licensing conditions for amateur radio operators are clear, up-to-date, and reflective of the current operational landscape. The primary policy objective is to streamline the licensing process, making it more precise and aligned with the evolving needs of the amateur radio community.
Scope and Application
The Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2004 (No. 1) applies to the holders of amateur radio licences in Australia, specifically amending the conditions set forth in the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997. This Determination impacts amateur radio operators across various geographic areas, with distinct frequency ranges designated for different regions such as New South Wales, the Australian Capital Territory, the Jervis Bay Territory, Melbourne, Perth, and Sydney. The changes affect the operational parameters of amateur radio activities, including the specification of areas of operation and the exclusion of certain frequency ranges to manage spectrum use effectively and avoid interference. The jurisdictional reach of this legislation is within the Commonwealth, as it is made under the authority of the Radiocommunications Act 1992, and it applies nationally, influencing licensing conditions across multiple states and territories. There are no explicit exclusions or thresholds mentioned in this Determination, but it does modify specific conditions relating to the operation of amateur radios in defined areas.
Key Provisions
The Radiocommunications Licence Conditions (Amateur Licence) Amendment Determination 2004 (No. 1) amends the Radiocommunications Licence Conditions (Amateur Licence) Determination No. 1 of 1997. The main changes are found in Schedule 1, which modifies the definitions and operational areas of amateur radio licences. For example, a new definition of the Melbourne Area is inserted, specifying its geographical boundaries and coordinates (Schedule 1, subsection 3(1)). Additionally, the frequency ranges for different operational areas are updated. New South Wales, the Australian Capital Territory, and the Jervis Bay Territory now have specific excluded frequency ranges (Schedule 2, Part 2, table).
This Amendment Determination imposes specific obligations on amateur radio operators, particularly in relation to the defined geographical areas and their respective frequency ranges. Operators must ensure that their transmissions comply with the newly specified frequency ranges for their areas of operation (Schedule 2, Part 2, table). The Melbourne Area, for instance, now has distinct frequency exclusions that operators must adhere to (Schedule 2, Part 2, table, item 2).
Violations of the amended licence conditions may result in various consequences. Although the Determination itself does not explicitly state penalties, breaches of the Radiocommunications Act 1992, under which this Determination is made, can lead to civil or criminal penalties. The Radiocommunications Act provides for fines and imprisonment for serious breaches. For instance, unauthorised use of radio equipment can attract significant penalties, including fines of up to $16,200 for individuals and $81,000 for bodies corporate, as well as potential imprisonment terms (Radiocommunications Act 1992, section 134). Given the nature of the amendments, non-compliance with the specified frequency ranges and operational areas could similarly result in enforcement actions under the Act.